Carpenter v. Chicago, Milwaukee & St. Paul Railway Co.

McLaughlin, J.:

This is a submission under section 1279 of the Code of Civil Procedure. It appears that on" the 28th of June, 1905, the plaintiff was, and now is, the owner of two consolidated sinking fund mortgage bonds of the defendant, each for $1,000, dated July 1, *1701875, maturing July ».l, 1905, and which contained the .following, provision The obligor also agrees to transfer to the bearer at Ins option ten shares of One hundred dollars each of its preferred stock at any .time within ten days after any dividend shall have been declared and become payable on. said preferred stock upon…